Loading...
D 170626 HolyApostles CityMeridian Pathway Easement_Signed 117001PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of , 2017, between , hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter refereed to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Pedestrian Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRA OJ— BY: Azo 11 � Q n5i.+� J� Its: iL 44,112c C I STATE OF IDAHO ) ss County of Ada ) On this .1a"L day of , 2017, before me, the undersigned, a Notary Public in and for sad State, personally appeared Qe%) Oe it a ;twass m w4A , known or identified to me to be the II,'c-L that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Pedestrian Pathway Easement lnz �L� NOTARY PUBLIC FOR HO Residing at: ' Commission Expires: ;L0'%0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by C.Jay Coles, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this day of , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Pedestrian Pathway Easement THE LAND GROUP, INC. June 16, 2017 Project No. 117001 EXHIBIT "A" ST. IGNATIUS CATHOLIC SCHOOL CITY OF MERIDIAN PEDESTRIAN PATHWAY EASEMENT LEGAL DESCRIPTION That portion of Government Lot 1 of Section 30, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, particularly described as follows: Commencing at the Northwest Corner of said Section 30 marked by a brass cap monument, from which the North Quarter Corner of said Section 30 bears South 89050'45" East, 2420.87 feet; Thence, along the west line of said Section 30, South 00025'09" West, 70.00 feet; Thence departing from said west line, South 89'50'45" East, 48.00 feet to the east right of way line of North Meridian Road and the POINT OF BEGINNING; Thence, departing from said east right of way line, South 89° 50'4S" East, 1053.84 feet to the east line of said Government Lot 1; Thence, along said east line, South 00° 28'36" West, 24.00 feet; Thence, departing from said east line, North 890 50'45" West, 1053.82 feet to said east right of way line; Thence, along said east right of way line, North 00" 25'09" East, 24.00 feet to the POINT OF BEGINNING, containing 0.58 acres or 25,292 square feet, r pre or less. PREPARED BY: THE LAND GROUP, INC. Robert L. Kazarinoff Of L. 06/16/2017 Site Planning • Landscape Architecture * Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 a P 208.939.4041 • www.thelandgroupinc.com NORTHWEST CORNER SECTION 31 NORTH 114 CORNER T 4 N, R 1 E, B.M. SECTION 30, T. 4 N.,R 1 E., B M. CHINDEN BOULEVARD S.24 S 19 _ S89'50`45'E 242087' S.19 ----------------�---- ------------- S25 � 530 - P_OB.-----------110------------ 1319.18'5130 JjL2 - _ ` - 589°50'45"E 1453 84 - - _ - _ -_ -_ -_ � - - -.. N89°54'45"W 1053.82' i I Q I I N z CRY OF MER` DIAN i c i PEDESTRIAN PATHWAY EASEMENT uJ I HOLY APOSTLES CATHOLIC CHURCH �I cr E z GOVERNMENT LOT 1 SECTION 30 LEGEND PROPERTY BOUNDARY LINE - - - - - - - SECTION LINE - - - - - - - EASEMENT LINE TIE LINE P.O B. POINT OF BEGINNING ® CALCULATED POINT Line Table LINE BEARING LENGTH L1 S00.25109 -W 70.00' L2 S89.50'45'E 400' L3 500'2E'381W 24,00' L4 NOD -25-09-E 24.00' i we 4 exhibit "B" xWALL,. �T 06/1612017 m Z .0 sc Lid P. .4 Es 4 y Lu O Lu I. 1 of 1